45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO EDUCATION; PROVIDING FOR APPOINTED BRANCH COMMUNITY COLLEGE BOARDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 21-14-2.1 NMSA 1978 (being Laws 1985, Chapter 238, Section 29) is amended to read:

"21-14-2.1. BRANCH COMMUNITY COLLEGE BOARD--LOCAL OPTION.--

A. A majority of the local board of education or the combined boards of education acting as a single board may cease to operate as the branch community college board and provide for an elected or appointed branch community college board.

B. In [that event] order to provide for an elected branch community college board, the majority of the local board of education or the combined boards of education acting as a single board shall elect five persons as members of the branch community college board. The persons elected shall be assigned position numbers one through five. [Board members shall be over twenty-one years of age, qualified electors and residents of the branch community college district.] The members of the board shall continue to serve until the next regular branch community college election, to be held on the first Tuesday of February of each odd-numbered year, at which time five board members shall be elected by the registered voters of the branch community college district. The candidates shall file for and be elected to a particular position number. The candidate receiving the highest number of votes for a particular position shall be elected. At the first board meeting after the election, the five members shall draw lots for the following terms: two for terms of two years and three for terms of four years. Thereafter, board members shall be elected for terms of four years from March 1 succeeding their election. All vacancies caused in any other manner than by the expiration of the term of office shall be filled by appointment by the remaining members. [B.] Immediately after the election of the five members by the assembled board of education members, the board shall select from its members a chairman and secretary who shall serve in these offices until the next regular branch community college board election. After each branch community college board election, the members shall proceed to reorganize.

C. In order to provide for an appointed branch community college board, each of the respective boards of education shall appoint one of their members to serve as a member of the branch community college board. An appointed branch community college board shall have five members on the branch community college board. In the event that there are fewer than five respective boards of education able to appoint one of their members to serve on the branch community college board, members appointed by the combined respective boards of education shall then appoint the remaining members up to five from among the combined respective boards of education. At the first board meeting following the appointment, the members shall draw lots for the following terms: two for terms of two years; and three for terms of four years. The members of the board shall be reappointed to terms of four years from March 1 succeeding their appointment. Vacancies caused by the expiration of the term of office and vacancies caused in other manners shall be filled by appointment by the remaining members of the branch community college board. The members of the board shall select from their members a chairman and secretary who shall serve in these offices for the term of their appointment, at which time the members shall proceed to reorganize.

D. Branch community college board members shall be over twenty-one years of age, qualified electors and residents of the branch community college district.

[C.] E. The duties of the board members shall continue as set out in Chapter 21, Article 14 NMSA 1978."